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All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: July 6, 2017

A. OPENING OF REGULAR MEETING

1. Call to Order

A regular meeting of the Randolph Township Council was called to order at 7:00 p.m. by Mayor Carey. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the Township Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Randolph Reporter and the Morris County Daily Record on December 2, 2016 by emailing them the annual resolution adopted by the Council on December 1, 2016. The annual resolution, which included this meeting date, was advertised in the Randolph Reporter, the official newspaper of the Township of Randolph on December 8, 2016, and the Daily Record on December 6, 2016.

2. Roll Call

Also present: Township Manager Mountain and Ed Buzak from the Law Office of Edward Buzak

3. Pledge of Allegiance

Mayor Carey led the Pledge of Allegiance.

B. OPEN TO THE PUBLIC

Judith Stewart of 114 Everdale Road noted that there was a Boy Scout in attendance, and felt that it was good for young people to attend public meetings and learn about their government. Mrs. Stewart asked why the fireworks at the Freedom Festival were delayed, and then had an issue when they started. Manager Mountain explained that there were some issues raised by the Fire Official that needed to be addressed prior to the start, which resulted in the delay. He was unsure why there were technical issues during the show, but said he could look into it. Mayor Carey added that the township website was kept updated.

Julie Hooper of 71 Everdale Road showed pictures of the railroad tie retaining walls on Everdale Road. She explained that of the five houses with the walls, the three that were replaced two years ago were done much better than her wall that was replaced recently. She explained that she had complained to the township engineer, and the next day a bigger block was installed. Ms. Hooper showed the comparison photos of her wall and the others. Manager Mountain explained that he was aware that the engineer had spoken with her, but he was unaware that she was not satisfied with the end result. The Manager explained that the contractor works from a design; he will discuss the issue with Paul Ferriero and respond back to her.

Mayor Carey thanked the Boy Scout who attended, and presented him with a township pin. She also thanked Jim McConnell for the nice letter on behalf of the Randolph Rescue Squad.

Seeing no one further from the public, the public portion was closed.

C. MANAGER’S REPORT

Manager Mountain reported the following:

He and Darren Carney met with David Steiger, one of the managing partners from Pal Pike, the ownership group for the K-Mart plaza, and his architect. They presented plans for the redesign of the remainder of the facades for the building; they are looking to do a similar design style as LA Fitness and Noches de Columbia, where each business has its own look, but is still tied to a general theme. Mr. Steiger advised that he has attracted two new tenants, to the former Nutrition Zone space, and to the former Payless space; he will announce the new tenants shortly. The managing partners are expecting to make an announcement later in July with regard to the former K-Mart space; they are in final discussion with the prospective tenant. The owners are looking to spend a good amount of money to upgrade the look of the plaza. The township will work closely with the owner to ensure cooperation in order to continue the economic development in the area. Councilman Loveys asked if the parking lot was going to be fixed as part of the upgrade. Manager Mountain replied that the current focus of the owner is to upgrade the building, and the parking lot will be in the second phase. The sign will also be removed and replaced in the first phase.

Mac Spar Drive sewer line project—the project has been completed. The majority of residents on the street have connected to the new line. The special assessment process will be initiated; Tax Assessor Glen Sherman, in conjunction with the assessment board comprised of Myra Sesko and Trina Mitsch, will be conducting the required public meeting with the homeowners. After the board takes its action, the governing body will memorialize the board’s action. The residents have already received cost estimates for each property.

D. COMBINED ACTION RESOLUTIONS

Items #8 & #9, electronic tax sale list—Councilman Guadagno asked for clarification. Manager Mountain explained that the new tax collector is looking to move to an electronic tax sale. Under the terms of agreement for an electronic tax sale, the property owner whose property is on for tax sale is responsible for paying the fee for the process.

Deputy Mayor Forstenhausler made a motion to approve the Combined Action Resolutions. Councilman Guadagno seconded the motion, and the following roll call vote was taken:

WHEREAS, Dina Collinson registered her child for the Teen Camp program and paid the fee of $985.00; and

WHEREAS, her child will not be attending Teen Camp due an unexpected accident requiring surgery.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $985.00 be refunded to Dina Collinson, 24 Aldebaran Drive, Randolph, NJ 07869.

2. Release Stabilization Bond for Ensuring Grass Growth and Stabilization on Waterfall Drive in the Township Right-of-Way to Hertz Homes—$2,500.00

R-176-17

WHEREAS, the Engineering Department has received a request from Hertz Homes, Inc. for the release of a $2,500.00 Stabilization Bond posted for the purpose of ensuring grass growth and stabilization to Waterfall Drive; and

WHEREAS, the Stabilization Bond consisted of a $2,500.00 cash bond, which was received and deposited with the Finance Department on January 24, 2017; and

WHEREAS, the Applicant was required to post this Stabilization Bond to guarantee the grass growth and stabilization at Waterfall Drive, within the Township Right of Way; and

WHEREAS, the Engineering Department has inspected the Right-of-Way work, and found it to be acceptable.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Raffaele Carchia, Engineering Administrator that the Stabilization Bond in the amount of $2,500.00 be refunded to Hertz Homes, Inc. 16 Wellesley Road, Montclair, NJ 07043-2012.

WHEREAS, Juliana Pirtea registered her children for the Summer Day Camp program and Summer Theater program and paid the fee of $1040.00; and

WHEREAS, her children will not be attending several Summer Day Camp sessions and Theatre Camp due to a family hardship.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $1015.00 be refunded to Juliana Pirtea, 86 Radtke Rd., Randolph, NJ 07869.

WHEREAS, Donna Lawrence registered her child for the Summer Teen Camp program and paid the fee of $985.00; and

WHEREAS, her child will not be attending Summer Teen Camp due a concussion.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey that it is recommended by Russ Newman, Director of Parks, Recreation and Community Services that $985.00 be refunded to Donna Lawrence, 45 Quail Run, Randolph, NJ 07869.

5. Appointing Linda Roth as Tax Collector for the Township of Randolph

R-179-17

WHEREAS, upon receiving notice of the retirement of Lisa Combes, Tax Collector, of the Township of Randolph (“Township”), the Township began the process of selecting a new Tax Collector; and

WHEREAS, after careful review of all credentials and qualifications, the Township has determined that it is in the best interests of the Township to appoint Linda Roth as Tax Collector of the Township, effective June 12, 2017, in accordance with provisions of N.J.S.A. 40A:9-141 and 40A:9-142 and in accordance with certain terms and conditions listed within her employment letter, dated May 16, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Randolph, County of Morris, State of New Jersey as follows:

The Township hereby appoints Linda Roth as the Tax Collector of the Township of Randolph (“Township”), effective June 12, 2017, for the unexpired term of the previous Tax Collector (ending on December 31, 2017) in accordance with the provisions of N.J.S.A. 40A:9-141 and 40A:9-142 and in accordance with certain terms and conditions listed within her employment letter, dated May 16, 2017.

The Mayor and Township Clerk, together with all appropriate officers, employees, professionals and staff of the Township are hereby authorized and directed to take all steps necessary to effectuate the purposes of this Resolution.

WHEREAS, Tax Sale Certificate #2036 held by US Bank cust BV001 Trst & Crdtrs., and assessed to Nickelson, Michael/Annette known as, Block 58, Lot 21 and also known as 34 Randolph Ave., and;

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector’s office. The redemption includes principal and interest in the amount of $4,247.40 and the return of the premium in the amount of $2,600.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer be instructed to refund the total amount of $6,847.40 to US Bank cust BV001Trst & Crdtrs., 50 South 16th Street—Suite 2050, Philadelphia, PA 19102-2513 the lien holder of Tax Sale Certificate #2036.

WHEREAS, Tax Sale Certificate #1993 held by US Bank cust BV Trst 2015-1., and assessed to Giovanni and Evelyn Vega and known as, Block 131.01, Lot 71 and also known as 68 Quaker Ave., and;

WHEREAS, the above mentioned Tax Sale Certificate has been redeemed through the Tax Collector’s office and the redemption includes principal and interest in the amount of $2,323.85 and the return of the premium in the amount of $500.00.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Randolph, County of Morris, that the Treasurer has refunded the total amount of $2,823.85 to US Bank cust BV Trst 2015-1, 50 South 16th Street—Suite 2050, Philadelphia, PA 19102-2513 the lien holder of Tax Sale Certificate #1993.

8. Authorizing One-Time Fee of $25.00 to be Charged to Each Property Owner Appearing on the 2017 Electronic Tax Sale List

R-182-17

WHEREAS, NJSA 54:5-19.1 authorizes electronic tax sales pursuant to rules and regulations to be promulgated by the Director of the Division of Local Government Services; and

WHEREAS, the rules and regulations require a municipality to send three (3) notices of tax sale to each property included in said sale; and

WHEREAS, the rules and regulations allow said municipality to charge a fee of $25.00 per notice for the creation, printing and mailing of said notice; and

WHEREAS, the Township of Randolph wishes to balance the effect of fees upon the property owner which may be experiencing financial hardship, with the other residents which should not have to bear any additional costs. The Township hereby sets a onetime fee of $25.00 for the three (3) required notices.

NOW, THEREFORE BE IT RESOLVED, by the Council of the Township of Randolph that a onetime fee of $25.00 is hereby authorized and is to be charged to each property owner appearing on the 2017 electronic tax sale list.

9. Authorizing the Randolph Tax Collector to Complete an Application to Participate in the Electronic Tax Sale Program and Submit Same to the Director of the Division of Local Government

R-183-17

WHEREAS, NJSA 54:5-19.1 authorizes electronic tax sales pursuant to rules and regulations to be promulgated by the Director of the Division of Government Services, and

WHEREAS, the Director of the Division of Local Government Services has promulgated rules and regulations for pilot programs, and

WHEREAS, the Director of the Division of Local Government Services has approved NJ Tax Lien Investors/RealAuction.com to conduct pilot programs, and

WHEREAS, the rules and regulations authorize a municipality to submit an application for participation in the pilot program for an electronic tax sale, and

WHEREAS, an electronic tax sale is innovative and provides a greater pool of potential lien buyers, thus creating the environment for a more complete tax sale process, and

WHEREAS, the Township of Randolph wishes to participate in the pilot program for electronic tax sale.

NOW, THEREFORE BE IT RESOLVED, by the governing body of the Township of Randolph, New Jersey, that the Tax Collector is hereby authorized to complete an application to participate in the electronic tax sale program and submit same to the Director of the Division of Local Government Services.

VFW Picnic under the pavilion at Freedom Park on August 12 from noon to 3:30 p.m.

F. ORDINANCES: INTRODUCTION

1. Ordinance No. 18-17: An Ordinance Authorizing (i) The Acquisition of Real Property Currently Known and Described as a Portion of Block 86, Lot 63 on the Official Tax Map of the Township of Randolph for Public Open Space and Park Purposes, Passive Recreation, Active Recreation and Other Public Uses; (ii) The Acquisition of a Declaration of Covenants and Restrictions Limiting Uses on a Portion of Block 86, Lot 63 on the Official Tax Map of the Township of Randolph; (iii) The Acquisition of a Portion of Block 86, Lot 63 Along Church Road (for the Benefit of the Township of Randolph); and (iv) The Acquisition of a Portion of Block 86, Lot 63 Along Sussex Turnpike (for the Benefit of the County of Morris), and Authorizing All Actions Necessary to Implement and Effect the Acquisition of the Property

Manager Mountain explained the ordinance memorializes the conveyance agreement for the acquisition of the Mount Freedom Golf property for which the Council previously approved in concept. The ordinance authorizes the Mayor to execute the agreement; it was written to allow for comments and concerns, with respect to the agreement, to be expressed after the introduction and if necessary, for the agreement to be adjusted.

Attorney Buzak added that there is the ability to make changes in the contract, whether they are substantive or not, between now and the second reading. Once the ordinance is adopted, there is still a provision in the ordinance to allow for other, non-substantive changes to be made.

BE IT RESOLVED, that an Ordinance entitled “AN ORDINANCE AUTHORIZING (i) THE ACQUISITION OF REAL PROPERTY CURRENTLY KNOWN AND DESCRIBED AS A PORTION OF BLOCK 86, LOT 63 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH FOR PUBLIC OPEN SPACE AND PARK PURPOSES, PASSIVE RECREATION, ACTIVE RECREATION AND OTHER PUBLIC USES; (ii) THE ACQUISITION OF A DECLARATION OF COVENANTS AND RESTRICTIONS LIMITING USES ON A PORTION OF BLOCK 86, LOT 63 ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF RANDOLPH; (iii) THE ACQUISITION OF A PORTION OF BLOCK 86, LOT 63 ALONG CHURCH ROAD (FOR THE BENEFIT OF THE TOWNSHIP OF RANDOLPH); AND (iv) THE ACQUISITION OF A PORTION OF BLOCK 86, LOT 63 ALONG SUSSEX TURNPIKE (FOR THE BENEFIT OF THE COUNTY OF MORRIS), AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND EFFECT THE ACQUISITION OF THE PROPERTY” be introduced, read by title by the Township Clerk and passed on first reading.

BE IT RESOLVED, that said Ordinance shall be further considered for final passage at the meeting of the Township Council of the Township of Randolph on the 27th of July 2017 at 7:00 in the evening, prevailing time, at the Municipal Building in said Township, at which time and place all persons interested shall be given an opportunity to be heard concerning said ordinance.

BE IT FURTHER RESOLVED, that the Township Clerk be authorized and directed to advertise said Ordinance in full or by summary with the notice of introduction thereof, in the official designated newspaper according to law.

Councilwoman Veech noted that one use is camping; however, in another section it states that the property cannot be used as a campground. She asked Attorney Buzak for clarification. Attorney Buzak stated that he was unsure since he was not involved in drafting the ordinance. Manager Mountain explained that the distinction being that if, for example, the Boy Scouts requested camping there, it would be allowed; however, a for-profit formal campground would not be allowed. Councilwoman Veech suggested including more explicit wording in the ordinance so there was no need for interpretation in the future. Councilman Guadagno and Deputy Mayor Forstenhausler agreed with the recommendation. Councilman Loveys asked if the bulleted list of prohibited uses was necessary since he felt other uses may be requested that were not explicitly documented; he felt that part of the ordinance might need to be a little more generalized, or perhaps the permitted uses be more specific. Attorney Buzak explained that residential zoning ordinances set forth permitted uses; however, non-residential zoning ordinances specify permitted uses as well as prohibited uses. He gave some specific examples to explain the logic. He explained that since all of the possibilities for use cannot be imagined, the way to best handle it is to be very specific in the permitted uses. Councilman Guadagno felt that permitted uses should be more specific. Attorney Buzak explained that a restrictive covenant is different than a zoning ordinance; the restrictive covenant has a beneficiary, which is the township. Therefore, the only way it can be changed or challenged is through a judicial process or through agreement of the parties. The Board of Adjustment will not have jurisdiction over the restrictions in the ordinance.

Attorney Buzak stated that he would clarify the wording regarding the camping. He also encouraged the Council and the property owner to review the ordinance again and note any comments or concerns. Manager Mountain asked them to forward comments to him; he will work with Attorney Buzak, and then distribute a final draft form to the Council prior to the next Council meeting.

Councilman Napoliello made a motion to introduce the ordinance. Deputy Mayor Forstenhausler seconded the motion, and the following roll call vote was taken:

G. OPEN TO THE PUBLIC

Ed Stulak of 9 Meadowbrook Road explained that he is an Assistant Scout Master for Boy Scout Troop 53, and that they would be a group that would likely camp at the property in which Ordinance 18-17 is related. He felt the Council should also consider language in the ordinance as to whether limited campfires would be permitted.

Judith Stewart of 114 Everdale Road clarified that the property in Ordinance 18-17 is west of Church Road. She noted that the property just east of Church Road is for sale; she expressed her concern for the future of the church building, which she felt should be preserved.

Seeing no one further from the public, the public portion was closed.

H. COUNCIL COMMENTS

Councilman Napoliello felt the bench dedication for Gary and Kathy Algeier went very well, and that they were appreciative.

Councilman Tkacs reported that he attended the Planning Board meeting; outdoor seating has been approved for Morris Tap and Grill, and for Noches de Columbia. The board also saw plans for the new American Animal Hospital.

Councilwoman Veech reported that she attended the Freedom Festival on Friday night, and was surprised to see such a small number of people in attendance; she heard that Saturday night was better attended, but was surprised at the low attendance.

Mayor Carey agreed with Councilwoman Veech about the low attendance on Friday night; she felt the weather impacted the attendance. She felt the parade was great, and had a good turnout; she also enjoyed the fireworks, despite beginning late.

Mayor Carey also reported that a meeting has been scheduled with the recycling committee to discuss the recycling pickup schedule.

I. EXECUTIVE SESSION

Mayor Carey reported that a second item was added to the Executive Session discussion.

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, and State of New Jersey, as follows:

1. The public shall be excluded from the Executive portion of the meeting.

2. The general nature of the subject matter to be discussed is as follows:

Tax Appeal Settlement
Jersey City MUA vs. the Town of Dover Litigation

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the Executive Session, the Council will reconvene in public session for the purpose of taking formal action.

Attorney Buzak added the CO-OP litigation for Mid American Salt, LLC for discussion.

Councilman Guadagno made a motion to move into Executive Session at 7:45 p.m. Councilman Tkacs seconded the motion, and the following roll call vote was taken: